Under the R-Codes, a pergola is defined as “an open-framed structure covered in water permeable material, or operable louvred roofing, which may or may not be attached to a dwelling.” 

Under the Building Regulations 2012, pergolas less than 20m² and no higher than 3m, set back 1m from any boundary, are exempt from needing a building permit. However, the owner is still required to ensure the framing meets minimum standards and is structurally sound. 

Under the R-Codes, a patio is defined as “an unenclosed structure covered in water impermeable material which may or may not be attached to a dwelling.” 

Under the R-Codes, a carport is defined as “a roofed structure designed to accommodate one or more motor vehicles unenclosed except to the extent that it abuts a dwelling or property boundary on one side, and being without a door unless that door is visually permeable.” 

Do you need Planning Approval?

Planning Approval ensures that the development of a property within the Shire complies with the Local Planning Scheme, Residential Design Codes and other relevant legislation and policies.

Important notes:

  • Before proceeding, it is recommended you contact the Shire’s Planning Team to check if you require Planning Approval
  • Planning Approval may be required even if a Building Permit is not required
  • If the proposed structure requires Planning Approval, you must obtain this prior to lodging an application for a Building Permit.

How to apply

Refer to Apply for Planning Approval

Do you need a Building Permit?

A Building Permit ensures that the proposed building work complies with the Building Codes of Australia and other relevant standards and legislation.

Under the Building Regulations 2012, a Building Permit is not required for a pergola, patio, gazebo or carport that is freestanding and has a floor area not exceeding 10m²  (a pergola can be up to 20m2) and a height less than 2.4m.  You will require a Building Permit if the structure or outbuilding exceeds this floor area or height.

The types of building work that do not require a Building Permit, is outlined in Schedule 4, item 2 of the Building Regulations 2012 (see page 105).

How to apply

Refer to Building Permit Application

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